78R9455 SGA-F
By: Howard H.B. No. 3571
A BILL TO BE ENTITLED
AN ACT
relating to the assumption of road utility district authority by
the Fort Bend County Levee Improvement District No. 15, including
the authority to impose taxes and issue bonds.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. DEFINITIONS. In this Act:
(1) "Board" means the board of directors of the
district.
(2) "City" means the city of Sugar Land, Texas, or the
city of Missouri City, Texas, depending on the location of the
project.
(3) "District" means the Fort Bend County Levee
Improvement District No. 15.
(4) "Project" means a project under Section 6 of this
Act.
SECTION 2. AUTHORITY. The district is granted road utility
district authority under Section 52(b)(3), Article III, Texas
Constitution, and Chapter 441, Transportation Code, including the
authority to repair and maintain streets and roadways in the
district. In addition, the district has the powers under Section
451.065, Transportation Code, of a metropolitan rapid transit
authority confirmed before July 1, 1985, except that Subsection (d)
of that section does not apply to the district.
SECTION 3. FINDING OF BENEFIT AND PUBLIC PURPOSE. (a) The
district is created to serve a public use and benefit.
(b) All of the land and other property included within the
boundaries of the district will be benefited by the works and
projects that are to be accomplished by the district under the
powers conferred by Section 52, Article III, Texas Constitution.
SECTION 4. POWERS. (a) The district retains all the
rights, powers, privileges, authority, duties, and functions that
it had before the effective date of this Act.
(b) The district has all of the rights, powers, privileges,
authority, duties, and functions, including the authority to impose
taxes, conferred by the general law of this state, including
Chapter 441, Transportation Code, applicable to road utility
districts created under Section 52, Article III, Texas
Constitution, to the extent those provisions can be made
applicable.
SECTION 5. APPLICABILITY OF OTHER LAW. (a) If any
provision of general law relating to road utility districts is in
conflict or inconsistent with this Act or Chapter 49 or 57, Water
Code, this Act and Chapters 49 and 57, Water Code, prevail.
(b) This Act prevails over any provision of general law that
is in conflict or inconsistent with this Act, including any
provision of Chapter 49 or 57, Water Code.
(c) Subchapters B, C, D, H, K, and L, Chapter 441,
Transportation Code, do not apply to the district.
SECTION 6. PROJECTS. (a) The district may construct,
acquire, improve, maintain, and operate macadamized, graveled, or
paved roads and turnpikes or improvements in aid of those roads or
turnpikes, within the boundaries of the district, to the extent
authorized by Section 52, Article III, Texas Constitution.
(b) The works, facilities, or improvements may include
drainage or landscaping improvements and lights, signs, or signals
that are incidental to those roads and turnpikes and their
construction, maintenance, or operation.
(c) A project authorized by this section must meet all
applicable construction standards, zoning and subdivision
requirements, and regulatory ordinances of the city.
(d) On completion of any project authorized by this Act, the
district, with the consent of the city, may convey that project to
the city, provided the conveyance is free of all indebtedness of the
district. If the city becomes the owner of a project, the city is
responsible for all future maintenance and upkeep, and the district
has no further responsibility for the project or its maintenance or
upkeep.
SECTION 7. JOINT PROJECTS. (a) A district contract for a
joint project with a state agency, political subdivision, or
corporation created under Chapter 431, Transportation Code, may:
(1) provide for joint payment of the costs of the
project; and
(2) require the state agency, political subdivision,
or corporation to design, construct, or improve a project,
including landscaping for the project, as provided by the contract.
(b) The district may issue bonds to pay all or part of the
costs of the project and any other payments required under the
contract.
SECTION 8. BONDS AND OTHER OBLIGATIONS. (a) The district
may issue bonds, notes, and other obligations secured by revenues
or contract payments from any lawful source other than ad valorem
taxation without an election.
(b) The district may issue bonds, notes, and other
obligations under Section 52(b)(3), Article III, Texas
Constitution, secured in whole or in part by ad valorem taxation and
impose ad valorem taxes to pay the principal of and interest on
those obligations only if the issuance is approved by a two-thirds
majority of the voters of the district voting at an election called
and held for that purpose.
SECTION 9. MAINTENANCE TAX. The district may impose a
maintenance tax in an amount not to exceed 25 cents on each $100 of
assessed valuation of property in the district to be used for any
authorized purpose of the district if the authority to impose the
tax is approved by a majority of the voters of the district voting
at an election on that proposition.
SECTION 10. DISTRICT CONTRACTS. The district may make
contracts in the same manner as a road utility district under
Subchapter E, Chapter 441, Transportation Code, except that
competitive bidding for a contract is governed by Section 49.273,
Water Code.
SECTION 11. NONPROFIT CORPORATION. (a) The board by
resolution may authorize the creation of a nonprofit corporation to
assist and act on behalf of the district in implementing a project
or providing a service authorized by this Act.
(b) The board shall appoint the board of directors of a
nonprofit corporation created under this section. The board of
directors of the nonprofit corporation shall serve in the same
manner as the board of directors of a local government corporation
created under Chapter 431, Transportation Code.
(c) A nonprofit corporation created under this section has
the powers of and is considered for purposes of this Act to be a
local government corporation created under Chapter 431,
Transportation Code.
(d) A nonprofit corporation created under this section may
implement any project and provide any services authorized by this
Act.
SECTION 12. SUIT AND JUDGMENT. (a) The district, through
its board and in the name of the district, may sue and be sued in a
state court. Process in a suit may be served on the presiding
officer of the board.
(b) A state court shall take judicial notice of the creation
of the board.
(c) A state court that renders a money judgment against the
district may require the board to pay the judgment from money in the
district depository that is not dedicated to the payment of
district debt.
(d) If the voters of the district have specifically
authorized the imposition of taxes for the payment of judgments,
the court may issue a writ of mandamus to compel the district to
impose the tax to pay the judgment immediately in a lump sum or over
time in installments.
(e) A court may not require the board to pay a judgment
rendered on a breach of contract claim by a contractor if the
district or a third party has paid the contractor the bid price of
the contract plus any change orders approved by the board in
writing.
SECTION 13. FINDINGS RELATED TO PROCEDURAL REQUIREMENTS.
(a) The legal notice of the intention to introduce this Act,
setting forth the general substance of this Act, has been published
as provided by law, and the notice and a copy of this Act have been
furnished to all persons, agencies, officials, or entities to which
they are required to be furnished under Section 59, Article XVI,
Texas Constitution, and Chapter 313, Government Code.
(b) The governor has submitted the notice and Act to the
Texas Commission on Environmental Quality.
(c) The Texas Commission on Environmental Quality has filed
its recommendations relating to this Act with the governor, the
lieutenant governor, and the speaker of the house of
representatives within the required time.
(d) All requirements of the constitution and laws of this
state and the rules and procedures of the legislature with respect
to the notice, introduction, and passage of this Act are fulfilled
and accomplished.
SECTION 14. This Act takes effect immediately if it
receives a vote of two-thirds of all the members elected to each
house, as provided by Section 39, Article III, Texas Constitution.
If this Act does not receive the vote necessary for immediate
effect, this Act takes effect September 1, 2003.